There are some limitations to filing an auto accident lawsuit in Omaha. You may only have a few years to file a claim, or your compensation could be reduced due to comparative fault.
We explain common state auto laws below, but you should speak with a car accident attorney in Omaha to better understand how these laws affect your case.
Nebraska Statute of Limitations
You have up to four years to file a personal injury car accident lawsuit in Omaha. This statute of limitations shortens to one year if you’re in an accident with city officials or property. If you wait to file your lawsuit until the statute of limitations expires, your claim is time-barred and will be dismissed.
Omaha Car Accident Laws
You must report all auto accidents in Nebraska when someone is injured or damages are more than $1,500. However, if police aren’t called to the scene of the crash, you must report the collision to the DMV within 10 days. You can do this through your insurance carrier, through the police department, through the DMV website or by calling the DMV directly. Include the crash date, location, county and time of the accident, as well as your name and the names of other drivers involved.
Nebraska law requires drivers to carry $25,000 in bodily injury coverage, $50,000 in bodily injury coverage per accident and $25,000 in property damage coverage as a minimum. You face hefty fines and could lose your license if caught driving without it. And if you’re at fault for an accident without proper insurance, you’ll be responsible for paying medical bills and other damages with your own money.
Any drivers involved in an accident on Omaha roads must immediately stop and exchange information. Nebraska state law requires drivers to share their names, addresses, phone numbers and driver’s license numbers after an accident.
If you hit a parked car or another piece of property, you must leave this information where the property owner can find it. Leaving the scene without exchanging contact information is a Class II Misdemeanor, and you will lose your license for at least one year.
Identifying Fault in an Automobile Accident
Nebraska is a fault state. This means you have the right to pursue damages from at-fault drivers in court. However, Omaha courts will still consider your percentage of fault compared to the at-fault driver.
For example, if you were speeding when the other driver struck you, you could be considered 30% responsible for the collision. Therefore, state comparative fault law reduces your car accident settlement amount by 30%. This also applies to your Omaha insurance claims—your insurer covers 70% while you pay the remainder out of pocket.
How Can an Attorney Help You?
Speak with an attorney if you disagree with the fault determination or fail to get a fair car accident settlement from your insurance company.
Omaha attorneys are familiar with Nebraska comparative fault laws and can negotiate with the insurers. They will file the necessary paperwork and speak directly with adjusters and insurance lawyers so that you can focus on recovery.
Car accident lawyers in Omaha can also fight to secure pain and suffering settlements. These types of damages are hard to prove, but an experienced attorney will understand the true value of your case and negotiate a settlement that covers all of your injuries, not just physical damages.